Thank you for your interest in our survey regarding the proposed Residential Tenancy Act. The questions apply to sections of the proposed legislation but do not cover the amendments in its entirety. The survey is designed as one component of a larger, comprehensive effort to gain public input.

Reviewing the legislation in its entirety is not necessary to participate in this survey, however, it may be helpful to you in offering opinions and answering questions. The draft legislation can be found here: 

https://www.princeedwardisland.ca/sites/default/files/publications/residentialtenancyact_consultation_draft.pdf

In addition to completing this survey, please consider providing more feedback during the public consultations or through written submissions. Written submissions can be sent by email to tenancyact@gov.pe.ca or by mail to 

Residential Tenancy Act Consultations
Department of Education and Lifelong Learning
Charlottetown, PE C1A 4P3
Attention: Legislative and Planning Coordinator

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1. The following proposed changes address emergency repairs (Section 30 of the proposed Act). Do you agree that these changes will offer more protection to tenants from unsafe (or potentially unsafe) conditions in their rental accommodation?

Landlords must give tenants contact information for someone in the case an emergency repair is needed. 


If an emergency repair is needed, the tenant must attempt to communicate with the landlord at least two (2) times, and give the landlord a reasonable time to respond to their request for emergency repairs.

If the landlord or their delegate do not respond to a tenant’s request for emergency repairs, tenants may contact someone else and have the repairs done themselves.

If the tenant has the emergency repair work done themselves, the landlord must reimburse the tenant for their repair expenses within seven (7) days of the work being completed.

A landlord can contest the emergency repair expenses if they are not reasonable or if the damage leading to the emergency repair is caused by the tenant.

If a landlord does not reimburse a tenant, the tenant can apply to the Director of Residential Tenancy to deduct the repair costs from their rent.

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2. Based on the proposed changes described in question 1, do you agree that landlords have sufficient time to make an emergency repair and, if required, to provide reimbursement for repairs completed by (or on behalf of) a tenant?

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3. The changes described below are intended to prevent landlords from evicting for renovations so that they can either increase rent or convert units to short-term rentals. Do you agree that these changes will prevent this practice?

Current Act:

Landlords must give two (2) months’ notice to tenants evicted for renovation, conversion, or demolition of the property.

Proposed Act:

Landlords must give six (6) months’ notice to tenants evicted for renovation, conversion, or demolition of the property (Section 67 (2)).

If the property is a mobile home, landlords must give 12 months’ notice (Section 67 (3)). 

The renovations or repairs must be so extensive that they require a building permit and vacant possession of the property. The landlord must secure the required permits before they issue the notice of termination to the tenant (Section 67(1)).

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4. Do you agree that tenants should have the right of first refusal for any unit that is renovated by a landlord? The right of first refusal means that a tenant has the right to request that they are offered the renovated unit first, once renovations are complete.

Under the proposed Act:

A tenant has the right of first refusal once any repairs/renovations are completed, but this right is not automatic. They must first give the landlord notice of their wish to exercise this right (Sections 71 (1) and (2)).

A landlord must reimburse the tenant three (3) months’ rent if they do not comply with the tenant’s right of first refusal (Section 71 (4)).

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5. A renoviction occurs when a tenant is evicted so that the rental unit they are inhabiting can be renovated. Do you agree that the following provisions for compensating a tenant for a renoviction are fair and reasonable?

IF the building has at least 20 units and the repair or renovation is not being carried out under the Residential Tenancy Act or any other Act: 

- if the tenant has exercised the right of first refusal, the landlord must compensate the tenant either one month’s rent or rent for the period the unit is under repair, whichever is less (Section 73 (2)).

- if the tenant has NOT exercised the right of first refusal, the landlord must compensate the tenant either one month’s rent or offer another rental unit acceptable to the tenant (Section 73 (1)).

If it's a mobile home, the landlord must compensate the tenant one year's rent or $3000.00 whichever is less, regardless of whether or not the tenant exercised the right to first refusal (Section 73 (3)).


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6. Do you agree that the changes, described below, provide tenants enough time to file an application regarding a bad faith eviction?

A tenant has up to one year to make an application to the Director of Residential Tenancy that an eviction notice was given in bad faith (Section 68(2)).

Bad faith means that the landlord was intentionally dishonest when giving the eviction notice.

If the eviction notice was found to be given in bad faith, the Director can make various orders, including that a landlord must pay a tenant for increased rent and reasonable out-of-pocket moving expenses, an administrative penalty or any other expenses considered appropriate.

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7. Do you agree that the proposed new mandatory inspections will reduce landlord/tenant conflict on the condition of rentals? (Sections 19 and 39).

The proposed Act requires a move-in and move-out inspection of the property by both the landlord and tenant.



During these inspections, an inspection report must be filled out and signed by both parties. A copy must be given to the tenant.


The landlord must provide two (2) reasonable opportunities to a tenant to participate in these inspections.

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8. Do you agree that the guidelines on security deposits work for landlords and tenants?

The proposed Act requires that a landlord return a security deposit or make an application to retain a security deposit within 15 days (Sections 41(1) and (2)).

A landlord can keep a security deposit if the tenant does not provide a forwarding address within 6 months of vacating the unit (Section 42).

If the landlord does not comply with the Act, they must reimburse the tenant double the security deposit (Section 41(4)).

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9. Do you agree with the proposed fees (described below) that landlords may be able to recover from tenants? (Section 21(2)).

Replacement keys or other access devices, if requested by a tenant

A service or administration fee (not more than $25) charged by a financial institution for the return of a tenant’s cheque

A fee for services or facilities requested by the tenant that is not currently provided under the tenancy agreement 

In certain circumstances, landlords will be able to recover the costs of storing a tenant’s abandoned personal property (Section 44 (10)(a)(i)).

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10. The proposed Act shortens the period of time in which a landlord may evict a tenant for failure to pay rent. Do you agree that this is fair and reasonable? (Section 63(1)).

The proposed Act provides for shorter timelines to evict tenants for the nonpayment of rent

Under the Current Act:

Once they receive an eviction notice, a tenant has 10 days to pay the rent or contest the notice. If they do not pay the rent or contest the notice, they have 20 days to vacate from the date the notice is served.

Under the Proposed Act:

Once they receive an eviction notice, a tenant has 7 days to pay the rent or contest the notice. If they do not pay the rent or contest the notice, they have 14 days to vacate from the date the notice is served.

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11. Do you agree that a maximum rent increase of 2.5%, and greater clarity on how the annual rent increase is determined, is fair and transparent? (Sections 50(2)(a) and (b). 

A landlord may only increase the rent once every 12 months (Section 49(1)). Formal notice of the rental increase is also required:

- 3 weeks in advance for a week to week tenancy agreement;  

- 3 months in advance for all other tenancy agreements (Section 49(2)).

The proposed Residential Tenancy Act outlines how the Director of Residential Tenancy sets the annual allowable increase in rent, but the rate will not be more than 2.5% (Section 50 (2)(b)).

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12. Landlords wanting to increase rent an additional amount must make an application to the Director of Residential Tenancy (Section 51(1)). Under the proposed Residential Tenancy Act, there are a greater number of factors to be considered, which are described below (Section 51 (2)). Do you agree that these guidelines make the process clear?

(a) the rent payable for similar rental units in the residential property immediately before the proposed increase is intended to come into effect;

(b) the rent history for the affected rental unit in the three years preceding the date of the application;

(c) a change in a service or facility that the landlord has provided for the residential property in which the rental unit is located in the 12 months preceding the date of the application;

(d) a change in operating expenses and capital expenditures in the three years preceding the date of the application that the Director considers relevant and reasonable;

(e) the relationship between the change described in clause (d) and the rent increase applied for;

(f) a relevant submission from an affected tenant;

(g) a finding by the Director that the landlord has contravened section 29 of this Act;

(h) whether, and to what extent, an increase in costs with respect to repair or maintenance of the residential property results from inadequate repair or maintenance in a previous year;

(i) a rent increase or a portion of a rent increase previously approved under this section that is reasonably attributable to the cost of performing a landlord’s obligation that has not been fulfilled;

(j) whether the Director has set aside a notice of termination within the six months preceding the date of the application;

(k) the expectation of the landlord to have a reasonable return on the landlord’s capital investment;

(l) whether the Director has found, in an application under this section, that the landlord has

(i) submitted false or misleading evidence, or

(ii) failed to comply with an order of the Director for the disclosure of documents;

(m) any other factor prescribed in the regulations.

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13. Do you agree with the proposed guidelines that give landlords access to rented units? (Section 24).

Landlords must respect the privacy interests of all tenants. A landlord may only enter an occupied residential property in certain circumstances, including:

- when a tenant has given their permission;

- when a landlord requires entry to carry out a repair or an inspection;

- to allow a potential purchaser to view the property;

- to allow a prospective tenant to view the property; or

- when there is an emergency.

Except in cases of emergency, landlords are also required to provide notice to tenants in advance of the entry.

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14. Do you agree with the proposed guidelines allowing tenants to end tenancy agreements due to family violence or abuse? (Section 61).

As is the case in other jurisdictions in Canada, if a tenant or the dependent of a tenant living with the tenant is experiencing family violence, they may end a tenancy agreement.

The tenant must give one month's notice and provide a copy of an emergency protection order, a recognizance, peace bond or other court order, or a statement that complies with the regulations to establish that family violence has occurred. 


The landlord is required to keep this information confidential.

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15. Do you agree with the proposed guidelines for families with school-aged children?

Under the proposed Residential Tenancy Act, a landlord cannot terminate the rental agreement during the school year for renovations, for the landlord’s own use, or if a purchaser personally requires the unit if the tenant is a school-aged child who is attending school or if the tenant resides with a school-aged child who is attending school (Sections 65(7), 66(8), and 67(7)).

The above applies unless the tenant does not pay their rent or there is a cause, such as a tenant causing extensive damage.

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16. Do you agree with the following?

Under the proposed Residential Tenancy Act, tenants can terminate the rental agreement if the unit is uninhabitable (Section 58).

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17. Do you agree with the following?

Under the proposed Residential Tenancy Act, tenants can terminate a rental agreement if they or someone who provides them with financial assistance to pay rent becomes ill or moves into long-term care (Section 60).

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18. Do you agree that the following is fair to both tenant and landlord in cases involving abandoned personal property? (Section 44).

Under the new legislation, landlords must take an inventory of the abandoned personal property and provide that inventory to the Director and the tenant (if the tenant can be located). 

After completing the inventory, a landlord will have three options: 

1. remove and store the personal items in a safe storage facility; 

2. store the personal items on the residential property; or 

3. apply to the Director to dispose of the property if storage would be unsafe or too costly.  

If the tenant fails to collect their items within one month, the landlord may sell the abandoned property and deduct their storage costs from the proceeds of the sale. Remaining funds must be given to the Director. If the funds are not claimed within one (1) year, they are given to the Operating Fund.

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19. Do you agree that the following changes give the Director of Residential Tenancy, who works for the Island Regulatory and Appeals Commission, stronger powers? (Sections 93 to 96).

Under the new legislation, the Director is entitled to conduct investigations, enter premises (with the consent of the occupant or search warrant), inspect records, and make copies of records.   

The Director may order the person to pay an administrative penalty of not more than $10,000 if someone violates the Act (Sections 97 and 98). 

The Director may, in addition to ordering the landlord to pay an administrative penalty, order that the landlord pays a sum of money to the tenant for increased costs or expenses incurred as a result of a bad-faith eviction (Section 68(6).

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20. The new Act addresses Cannabis use, as well as cultivating or growing Cannabis. Do you agree that the following provisions makes things more clear? (Section 18).

Smoking cannabis

If a rental agreement was in effect before October 17, 2018, and it does not allow smoking tobacco, and it does not include a term that allows smoking cannabis, smoking cannabis is not permitted.

Cultivating or growing cannabis

Rental agreements entered into before October 17, 2018 are deemed to prohibit the growing of cannabis, unless: 

- On October 16, 2018 or before, a tenant is growing medical use cannabis
- Growing cannabis is not contrary to another term of the rental agreement and
- The tenant is authorized by federal law to grow cannabis on the property and the tenant is in compliance with the requirements regarding medical use cannabis.

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21. Is there anything else you would like to comment on regarding tenant or landlord rights and regulations on Prince Edward Island?

The proposed legislation can be found here: www.princeedwardisland.ca/tenancyact

Reviewing the proposed Act in its entirety is encouraged as it may be helpful in formulating vital feedback.

Please consider providing more feedback during the public consultations or through written submissions.

Written submissions can be sent by email to tenancyact@gov.pe.ca or by mail to the following address:

Residential Tenancy Act Consultations

Department of Education and Lifelong Learning
Charlottetown, PE C1A 4P3
Attention: Legislative and Planning Coordinator
Email: TenancyAct@gov.pe.ca
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